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B-415969,B-415969.3,B-415969.5 1 (2018-05-08)

handle is hein.gao/gaobadusb0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States

                                            DOCUMENT FOR PUBLIC RELEASE
                                            The decision issued on the date belowwassubjectto
Decision                                   a GAO Protective Order. Thisredacted version has
                                           been approved for public release.


Matter of: ANHAM FZCO

File:     B-415969; B-415969.3; B-415969.5

Date:        May 8, 2018

Eric J. Marcotte, Esq., Kelly E. Buroker, Esq., and Tamara Droubi, Esq., Vedder Price,
P.C., Richard P. Rector, Esq., C. Bradford Jorgensen, Esq., and Eric P. Roberson,
Esq., DLA Piper LLP (US), for the protester.
John E. McCarthy, Jr., Esq., David C. Hammond, Esq., Mark A. Ries, Esq., James G.
Peyster, Esq., Charles Baek, Esq., Robert J. Sneckenberg, Esq., and Sharmistha Das,
Esq., Crowell & Moring LLP, for KGL Food Services WLL, an intervenor.
Cathleen Choromanski, Esq., and R. Zen Schaper, Esq., Defense Logistics Agency, for
the agency.
Peter D. Verchinski, Esq., and Amy B. Pereira, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Agency's substitution of an experience reference submitted in the awardee's final
proposal revision (FPR) with a prior reference provided by the awardee from a previous
round of discussions, violated the terms of the solicitation and constituted an improper
revision of the awardee's final proposal.

2. Agency's evaluation of awardee's affiliates' contracts under the experience
evaluation factor is improper where the terms of the solicitation provided that only two
teaming members' contracts would be considered.
DECISION

ANHAM FZCO, of Dubai, United Arab Emirates, protests the award of a contract to KGL
Food Services WLL (KGLFS), of Shuwaikh, Kuwait, under request for proposals (RFP)
No. SPE300-15-R-0042, issued by the Defense Logistics Agency, (DLA) Troop Support,
for the supply and distribution of food products to locations throughout the Middle East.
ANHAM raises various challenges to the agency's conduct of the procurement and
evaluation of the proposals.


We sustain the protest in part and deny the protest in part.

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